Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval. City of Fresno v. Fresno Building Healthy Communities, No. F080264. (5th Dist.,...more
Under California's famous Proposition 13, a change in ownership of real property triggers a reappraisal and reassessment of the property for property tax purposes. Section 60 of the Revenue & Taxation Code defines a "change...more
California voters have passed Proposition 19, which will bring about significant changes in the current law regarding property tax value reassessments. This means time is of the essence for certain property owners to act if...more
In 1978 California voters approved Proposition 13, a landmark measure that set—and has kept—property taxes at a low rate. This November’s ballot includes a proposition known as the “split roll” initiative that would make...more
Swift Decision Rejects Ballot Language Opposition - A trial court recently rejected a challenge to the California Attorney General’s ballot label, title and summary of a proposed initiative amendment to Proposition 13. In...more
California’s Proposition 13 prevents the assessed value of California real property from increasing by more than 2% per year, unless there is a change of ownership or completion of new construction. On November 3, 2020,...more
Court of Appeal Holds Only Simple Majority Needed to Impose Special Taxes by Initiative Power - While the California Constitution prohibits local governments from imposing a special tax without two-thirds voter approval,...more
In 731 Market Street Owner LLC v. City and County of San Francisco (June 18, 2020), California appellate court affirms that local realty transfer tax does not apply when leasehold has a remaining term of 35 years or more. ...more
Proposition 13, California's long-standing property tax law, is at risk of being partially unraveled, and along with it, property owners would incur a substantial increase in property taxes. On May 29, 2020, the initiative,...more
California Secretary of State Alex Padilla announced on Friday, May 29, 2020, that the revised initiative entitled "The California Schools and Local Communities Act of 2020" officially qualified for the November ballot. If...more
Indisputably, 2019 was an important year for housing in California. As we noted in our prior blog post, Governor Newsom signed legislation creating statewide rent control, preventing discrimination against people paying rent...more
Tax professionals are on the frontlines, responding to state, federal and international tax developments that significantly impact business objectives. California taxpayers face particularly unique challenges. Join members...more
Some recent California Office of Tax Appeals (“OTA”) decisions highlight the importance of being, simply, mindful of sales and use tax requirements. Businesses often plan to reduce income taxes or avoid a Proposition 13...more
In Orozco v. WPV San Jose, LLC, California's Sixth District Court of Appeal upheld a decision by the Superior Court in Santa Clara County in support of a commercial tenant who sued his landlord for fraud. The tenant,...more
In 2020, California voters will likely have the opportunity to change a provision of Proposition 13 that will substantially impact California businesses. Originally posted in The Press-Enterprise and other Southern...more
Proponents of The California Schools and Local Communities Funding Act of 2018 have received clearance from the California Attorney General to gather signatures in support of a ballot initiative to revoke Proposition 13...more
Initiative 17-0055 would limit Proposition 13 protection to residential property. New initiative seeks to eliminate Proposition 13 protection for commercial and industrial property by requiring fair market value...more
New California Ballot Initiative Targets Proposition 13 Tax Limit for Corporate Properties - Proposition 13, which was approved in California 40 years ago, could potentially be up for debate in 2018. A ballot initiative...more
In June, I wrote about the California Supreme Court’s disappointing decision in 926 N. Ardmore Ave. v. County of L.A., 2017 Cal. LEXIS 4768 (Cal. 2017). Readers may recall that the Supreme Court applied the concept of a...more
As posted in CEQA Chronicles, on July 17, 2017 the California legislature approved an extension of the state’s greenhouse gas cap-and-trade program from 2020 to 2030. Cap-and-trade is a key program in the state’s efforts to...more
In 926 North Ardmore Avenue LLC v. County of Los Angeles, the California Supreme Court concluded that, subject to certain limitations, California’s Documentary Transfer Tax Act (the California DTTA), applicable to direct...more
Suppose Mr. Henry owns all of the outstanding shares of a Virginia corporation that owns all of the issued and outstanding shares of a Massachusetts corporation that owns, among other things, real property in Los Angeles,...more
The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is...more
On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more
In a 2-1 decision, the California Court of Appeal, Third Appellate District, upheld the California Air Resource Board’s cap-and-trade program for greenhouse gas allowances. California Chamber of Commerce v. State Air...more